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7th Circuit grants writ of habeas corpus

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The 7th Circuit Court of Appeals reversed the denial of a habeas corpus petition, finding the Indiana Court of Appeals unreasonably applied federal law when it determined prior statements of identification by witnesses the government suppressed didn’t create a reasonable probability of a different result at trial.

Walter Lee Goudy appealed the denial of his habeas corpus petition by the District Court, arguing he was denied a fair trial because of the government’s failure to disclose three eyewitness statements that implicated one of its main witnesses and the failure of Goudy’s counsel to introduce his brother’s tape-recorded confession.

Goudy was convicted of killing Marvin McCloud while McCloud sat in his car, and wounding the front-seat passenger. Eyewitnesses at Goudy’s trial, including the state’s primary witness, Kaidi Harvell, gave different descriptions of the man they believed was Goudy. Eyewitnesses also gave different accounts regarding which side of the car the suspect was sitting on.

The government didn’t share at trial three police reports with statements by the witnesses that differ from the trial accounts, including that many of the witnesses picked Harvell out of a photo lineup as the shooter on the driver’s side. The jury also didn’t hear the tape-recorded confession by Romeo Lee, Goudy’s brother, who was there at the time of the shooting. He said he and Goudy were often confused for each other because of their similar appearances.

Goudy appealed to the Indiana Court of Appeals, Supreme Court, and for post-conviction relief. All affirmed his convictions.

In Walter Lee Goudy v. James Basinger, superintendent, No. 08-3679, the Circuit judges found the Indiana Court of Appeals identified the correct legal principle -- Goudy had to demonstrate a reasonable probability that the new evidence would lead to a different result. But the appellate court decision required he prove the new evidence “would have” established his innocence, wrote Judge William Bauer.

“In short, Goudy has shown that the state court’s decision on his Brady claim involved an unreasonable application of clearly established federal law,” wrote the judge. “Rather than applying a ‘reasonable probability’ standard for materiality of suppressed evidence as required by United States v. Bagley, the court unreasonably required Goudy to show that the suppressed evidence would establish his innocence. The court did not recognize Bagley’s requirement that the effect of suppressed evidence be assessed cumulatively.”

Because the Circuit Court granted Goudy’s petition on the police report issue, the judges didn’t decide whether Goudy received ineffective assistance of counsel. The state has 120 days to retry Goudy or release him.

 

 

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  1. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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